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(영문) 대구지방법원 서부지원 2016.03.17 2015고단1914
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 4, 2015, at around 22:55, the Defendant 210 Dong Dong-dong 908, the victim D(57 tax) located in Seogu-gu, Daegu-gu, Daegu-gu, 2015, the Defendant used a tree monet ( approximately 1m, approximately 3-4cm in length, and approximately 3-4cm in length), which is a dangerous object in the Defendant’s residence, for the reason that a neighboring resident left the corridor lives, and put about about 4 weeks of the victim’s lives and head, respectively, to put about two times the victim’s lives and head, and put about approximately 4 weeks of the victim’s lives open frame and heat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. - Application of Acts and subordinate statutes of a medical certificate

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), the Defendant’s sentence against the Defendant is inevitable when considering the following facts: (a) the Defendant, a neighboring resident of the Republic of Korea, who committed a noise occurrence, putting the victim a serious injury requiring four weeks’ medical treatment; (b) the Defendant saw the victim into the wooden mons; and (c) did not reflect, but did not cause any injury to the victim; and (d) did not make any effort to recover the victim’s damage up to the date, the Defendant’s sentence against the victim is inevitable.

Accordingly, under favorable circumstances such as the elderly (age 68), the accused is aged (age 68), living alone is difficult at his/her place of residence, the accused has a mental certificate such as depression, etc., the accused has no criminal record for the same kind of crime, and the fact that there has been no record of punishment for the last ten years or more, etc., the sentencing conditions such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime shall be determined as ordered.

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